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HomeMy WebLinkAboutCC 2008-05-13 MinutesMINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 -MAY 13, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 13th day of May 2008 at 5:45 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Suzy Compton Mayor Pro Tem, Council Place 3 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Jared Miller Assistant City Manager Karen Bostic Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Mike Curtis Public Works Director Jimmy Perdue Police Chief Kirk Marcum Assistant Fire Chief Greg VanNeiuwenhuize Public Works Assistant Director Dave Pendley Building Official Eric Wilhite Chief Planner Chris Amarante Construction Manager Jamie Brockway Purchasing Manager Call to Order Mayor Trevino called the work session to order at 5:45 p.m. A.1 Discuss Items from Regular City Council Meeting None. City Council Minutes May 13, 2008 Page 2 Mike Curtis, Public Works Director introduced Brad Boganwright, Public Works Management Assistant. A.2 IR 2008-054 Neighborhood Garage Sale Permits Elizabeth Reining, Assistant to the City Manager presented a PowerPoint presentation outlining new language and fees for Neighborhood Garage Sale Permits. Highlights include: Proposed Language: "A recognized homeowners' association or organized neighborhood group may conduct one neighborhood garage sale per calendar year, with no sale period extending for more than two consecutive calendar days. If no homeowners' association exists, the applicant must show that 50% of residents within a contiguous ten acre area will participate in the event. Participation in a neighborhood garage sale will not affect an individual property owner's right to his allowed garage sales." Ordinance Language: • Flexibility to regulate sales in neighborhoods with and without HOA's • Limits size to truly create something for neighborhoods • Maintain neighborhood event status by limiting sales days • Not restrict someone not active in neighborhood organizations Permit Fee: • Fifty dollars ($50) • Not deter participation from neighborhood groups • Cover permitting fees Garage Sale Regulations: • Currently, regulations are part of the Zoning Ordinance - Changes require a public hearing by the Planning and Zoning Commission Could move the regulations to the business chapter Make changes to regulations easier Reduce maximum fine from $2,000 to $500 The consensus of Council was to move forward with the Garage Sale Regulations to place in the Business Chapter of the Code of Ordinances, reduce the fee to $30, change wording from "a contiguous ten acre area" to "contiguous area", and bring back to Council for final approval at the June 23~d meeting. A.3 IR 2008-053 TCEQ Sanitary Sewer Overflow (SSO) Out Reach Initiative City Council Minutes May 13, 2008 Page 3 Mike Curtis, Public Works Director presented a PowerPoint presentation. The Texas Commission on Environmental Quality (TCEQ) is currently contacting cities and wastewater collection system owners throughout Texas to invite them to participate in a new voluntary action program called the Sanitary Sewer Overflow (SSO) Outreach Initiative as an alternative to enforcement action due to SSO's. The SSO Outreach Initiative was created because of an increase in sanitary sewer overflows (SSOs) across the state due to aging collection systems and because corrective action is sometimes delayed by some collection system owners and operators. In its initial phase, several cities that had a five year documented history of recurring sewer overflows were contacted. The TCEQ contacted those cities with the most SSO violations last year (2006-2007). Each city contacted has been provided a history of their own SSO violations over the past five years and informed that they were being considered as a candidate for this new voluntary program. The City of North Richland Hilts was just recently contacted by the TCEQ and informed that North Richland Hills had 46 documented SSO's during the past five years. The elements of the voluntary program are as follows: • If a city decides to participate, it is asked to prepare and submit an initial outline of a Corrective Action Plan for implementing collection system improvements. • The plan will need to be tied to scheduled milestones and a funding program. • The objective of the plan is to reduce the number of future SSOs. • An initial step in implementing the plan for corrective action is for the city to identify, and TCEQ to approve, the final Corrective Action Plan within 180 days after the official notification from the state. • The plan is reviewed by TCEQ Enforcement, and, if approved, the plan becomes a long term Agreement between the city and the TCEQ. TCEQ has stated that any entity accepting the initiative will not receive penalties on its current and future SSOs provided: 1) no additional SSOs impact human health, safety, or the environment (example, fish kills); and 2) the corrective action plan schedule is met throughout the term of the Agreement, which may extend up to ten years. There are a number of cities considering this initiative. The considerations for the decision to join or not join will be unique to each city's situation regarding how it manages its own wastewater collection system and the unique aspects of the collection system (age, size, etc.). In reaching a decision, the city must weigh the responsibility and costs to follow through with the commitments made to the TCEQ in the Agreement against an unknown risk for penalties if the utility chooses to decline participating in the voluntary SSO Outreach Initiative. In either case, Staff believes that the TCEQ will be expecting all cities to increase their focus on compliance and enforcement on reducing SSOs in the future. City Council Minutes May 13, 2008 Page 4 After a brief discussion and questions from Council, the consensus was to work with TCEQ and participate in the program and to proceed with preparing a plan for council approval. EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant_to Section 551.072, Texas Government Code to discuss the purchase, exchange or value of real property necessitated by the Loop 820 widening project Mayor Trevino announced at 6:20 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of Section 551.072, Texas Government Code to discuss the purchase, exchange or value of real property necessitated by the Loop 820 widening project. C.0 Adjournment Mayor Trevino announced at 6:49 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order April 28, 2008 at 7:03 p.m. ROLL CALL Present: Oscar Trevino Suzy Compton John Lewis Ken Sapp Tim Barth David Whitson Scott Turnage Tim Welch Staff: Larry J. Cunningham Mayor Mayor Pro Tem, Council Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager City Council Minutes May 13, 2008 Page 5 Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples Attorney A.1 INVOCATION Councilman Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. A.3 GN 2008-036 OATH OF OFFICE Patricia Hutson, City Secretary presented the item. The candidates for the May 10, 2008 General Election were unopposed and in accordance with State Law were declared elected to office by Council at the March 24 council meeting. The newly elected officials were required by the Election law to wait until May 13 to take their oath of office. Mayor Trevino called for Place 2 Ken Sapp to come forward for his oath of office. Jerry Eckart administered the oath of office to Ken Sapp. Mayor Trevino called for Place 4 Tim Barth to come forward for his oath of office. Dylan Barth administered the oath of office to Tim Barth. Mayor Trevino called for Place 6 Scott Turnage to come forward for his oath of office. Judge Ray Oujesky administered the oath of office to Scott Turnage. Mayor Trevino stepped down from the Council dais to take his oath of office. Vanessa Trevino administered the oath of office to Oscar Trevino. RECESS AND BACK TO ORDER City Council Minutes May 13, 2008 Page 6 Mayor Trevino recessed the meeting at 7:23 p.m. and called the meeting back to order at 7:34 p.m. with all members present as recorded. A.4 SPECIAL PRESENTATION(S) AND RECOGNITIONS) No items for this category A.5 CITIZENS PRESENTATION None. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF APRIL 28, 2008 CITY COUNCIL MEETING B.2 PU 2008-013 RENEW ANNUAL CONTRACT FOR TOPSOIL, SAND AND FLEX BASE WITH HJG TRUCKING COMPANY GOUNGILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITS©N SEGONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. PUBLIC HEARINGS C.0 No Items for this category PLANNING & DEVELOPMENT D.1 City Council Minutes May 13, 2008 Page 7 Items to follow do not require a public hearing. No Items for this category PUBLIC WORKS E.1 PW 2008-014 APPROVE A RESOLUTION SUPPORTING A MUNICIPAL SETTING DESIGNATION (MSD) APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR PROPERTY LOCATED AT 3709 EAST FIRST STREET, FORT WORTH, TEXAS -RESOLUTION NO. 2008-025 APPROVED Mike Curtis, Director of Public Works presented the item. In 2003, the 78th Texas Legislature passed a Municipal Setting Designations (MSD) law that related to potable groundwater and the requirement for removing contaminants from groundwater. The law authorized the Texas Commission on Environmental Quality (TCEQ) to receive, process, and certify MSD applications for properties within contaminated groundwater. The goal of this law is to reduce corrective action requirements and associated costs for clean up of contaminated groundwater that are not used as a potable water supply and are not likely to be used in the future. Bobby Cox Companies, Inc. is the applicant seeking TCEQ approval for a MSD for property located at 3709 East First Street, Fort Worth, Texas. This site has been historically occupied by various commercial businesses. The City of Fort Worth passed an ordinance on February 19, 2008 prohibiting the use of groundwater for potable purposes for this property. The application for the MSD will need to include resolutions from cities located within a S- mile radius of the MSD property indicating support. The City has the choice to either support or not support the MSD application. Staff has reviewed the technical aspects of the application and recommends support of the resolution. MAYOR PRO TEM COMPTON MOPED TO APPROVE RESOLUTION NO. 2008-025. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. GENERALITEMS F.1 GN 2008-037 AUTHORIZE CONTINUED PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR AND AUTHORIZE THE PAYMENT OF 10 CENTS PER CAPITA TO THE STEERING COMMITTEE TO FUND REGULATORY AND RELATED ACTIVITIES RELATED TO ONCOR ELECTRIC DELIVERY- RESOLUTION NO. 2008-029 City Council Minutes May 13, 2008 Page 8 APPROVED Karen Bostic, Managing Director presented the item. The City of North Richland Hills is a member of a 109 member city coalition known as the Steering Committee of Cities Served by Oncor. Municipalities have original jurisdiction over the electric transmission and distribution rates and services within the city. The Steering Committee, in existence since the late 1980s, undertakes activities on behalf of municipalities. The Committee took on a formal structure in the early 1990s when cities served by TXU (since renamed as Oncor Electric Delivery Company) gave up their statutory right to rate case expense reimbursement in exchange for higher franchise fee payments. Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate before the Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters for nearly two decades. The Steering Committee is actively involved in rate cases, appeals, rulemakings, and legislative efforts impacting the rates charged by Oncor Electric Delivery within the City. Steering Committee representation is also strong at ERCOT. It is possible that additional efforts will be necessary on new issues that arise during the year, and it is important that the Steering Committee be able to fund its participation on behalf of its member cities. A per capita assessment has historically been used, and is a fair method for the members to bear the burdens associated with the benefits received from that membership. Approval of Resolution No. 2008-029 will authorize North Richland Hills to continue participating in the Steering Committee as well as authorize the payment of the 10 cents per capita assessment totaling $6,405 to fund regulatory and related activities related to Oncor Electric Delivery. COUNCILMAN SAPP MOPED TO APPROVE GN 2008-037, RESOLUTION NO. 2008-029. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.2 GN 2008-038 UPDATING PERMIT FEES FOR GAS SEISMIC SURVEYS AND RIGHT OF-WAY USE FEES FOR GAS PIPELINES -ORDINANCE NO. 2993 APPROVED John Pitstick, Director of Planning and Development presented the item. Significant changes continue to occur in the technology of gas drilling and pipeline activity in the Barnett Shale. The City is receiving several requests for new gas pipelines within and through our community to connect gas wells to markets. As a result, staff is proposing updating fees for seismic survey permits and fees for right-of-way use agreements for gas pipelines. City Council Minutes May 13, 2008 Page 9 Recommended Changes: • Single permit fee of $2,500 for seismic testing. • Annual right-of-way use fee of $2.25 per foot per year in order to stay current with market values. • Pipeline owner pays up front a one time payment for the term length of the license agreement (20 years). This fee would equate to a one time $45 (20 yrs. X $2.25) per linear foot fee effective for 20 years. Also includes aDallas-Fort Worth Consumer Price Index annual adjustment for any new pipeline right-of- way use fees that occur in successive years. COUNCILMAN WHITSON MOVED TO APPROVE GN 2008-038; ORDINANCE No. 2993. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 GN 2008-039 ELECTION OF MAYOR PRO TEM APPROVED Patricia Hutson, City Secretary presented the item. The Charter states that the Mayor Pro Tem shall be selected from the seven council members at the first regular meeting following the City's general election. The regular meeting for May 12 was rescheduled to May 13 for the oaths of office to be administered within the statutory timeframe. The next regular meeting, May 26, has also been rescheduled because of the Memorial Day holiday. Since the May 13 meeting is essentially a regular meeting, it is recommended that Council proceed with electing a Mayor Pro Tem at this Council meeting. MAYOR PRO TEM COMPTON MOVED TO NOMINATE COUNCILMAN TURNAGE AS MAYOR PRO TEM. COUNCILMAN WHITSON MOVED TO CEASE NOMINATIONS. Mayor Trevino closed nominations and called for the vote. MOTION TO APPROVE CARRIED T-0. G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA None. INFORMATION AND REPORTS City Council Minutes May 13, 2008 Page 10 H.1 ANNOUNCEMENTS -COUNCILMAN SAPP Councilman Sapp made the following announcements. NRH2O opens for the 2008 season on Saturday, May 17. Visit nrh2o.com for a complete park schedule and details on all of the exciting special events planned for the summer including fireworks, Dive-In Movies, and more! For more information, you can also call 817-427-6500. Bring your four-legged friends out for a day of fun at Fido Fest on Saturday, May 17. Fido Fest will be held from 10:00 a.m. to 12:00 p.m. at Tipps Canine Hollow Dog Park. This event will feature entertainment, give-a-ways, vendor booths and contests. Donations will be accepted for future dog park improvements. For more information, please call 817-427-6620. City offices will be closed on Monday, May 26th, for the Memorial Day Holiday. Garbage and recycling service will not be affected. The May 26th City Council meeting has been rescheduled for Tuesday, May 27th so it does not conflict with the holiday. Kudos Korner -Staff, Animal Adoption & Rescue Center. An email was received from a man who recently adopted a dog from the center. The man said he had been to several shelters in the area and North Richland Hills' facility was definitely the best. The employees were friendly and knowledgeable and the atmosphere very pleasant. He adopted the dog because he liked it, but also because he felt comfortable adopting from such a caring environment. He was so impressed, he will send everyone he knows to the NRH Animal Adoption & Rescue Center. H.2 ADJOURNMEN Mayor Trevino adjourned the meeting at 7:52 p. n, Lity Secretary no -Mayor